Writ petition seeking mandamus for police protection during property fencing dismissed as civil suit between parties is pending; remedy lies with Civil Court.
Writ petition dismissed; no police protection granted.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.08.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P No.4063 of 2023
Mrs.V.Ammu
W/o.Vijayakumar
... Petitioner
.Vs.
3.Mr.V.Kanniappan S/o.Viswanatha Chettiar ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the 1st respondent herein to give police protection to the petitioner to put up the fence in the property comprised in S.No. 29/1A totally measuring to an extent of 18 cents at Senneerkuppam Village Poonamallee Taluk, Thiruvallur District by considering her representation dated 01.12.2022.
For Petitioner : Mr.E.Balamurugan For Respondents : Mr.A.Damodaran Additional Public Prosecutor for R1
Mr.r.Chandrasudan for R2 and R3
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O R D E R
This writ petition has been filed seeking for police protection based on the
representation made by the petitioner on 01.12.2022.
2.When the matter was taken up for hearing, the learned Additional Public Prosecutor on instructions submitted that the parties were called for an enquiry in C.No.4 of 2022 and the Complaint was closed on 18.1.2023. A copy of the closure report was also produced before this Court.
3.In the light of the above development and in view of the fact that the suit is pending before the concerned Court between the parties, the petitioner has to workout out her remedy only before the concerned Civil Court and the respondent police cannot interfere in this matter at present.
4.This writ petition is disposed of accordingly. No costs.
09.08.2023
Internet: Yes Index : Yes/No Neutral Citation Case: Yes/No KP
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To
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N. ANAND VENKATESH, J.
KP
W.P No.4063 of 2023
09.08.2023
1 issue framed by the court
Whether police protection should be granted to the petitioner for fencing her property pending a civil suit between the parties.
1 provisions across 1 enactments
Mrs. V. Ammu
The Inspector of Police (L&O) Poonamallee Police Station Poonamallee
Mr. V. Pachaiappan
Mr. V. Kanniappan
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
